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Policy · Referral to NMC support

NMC Support Policy

How we support registered nurses and midwives employed by We Are Care through any NMC fitness-to-practise process — self-referrals, We Are Care-initiated referrals, and third-party referrals. v1 draft, flagged for NMC-registered review.

Section 01

Purpose

This policy sets out We Are Care’s approach to supporting registered nurses and midwives employed by us through any Nursing and Midwifery Council (NMC) fitness-to-practise process. It covers self-referrals, third-party referrals (whether initiated by We Are Care or by an external party), and any notifications We Are Care receives from the NMC.

Section 02

Scope

This policy applies to all registered nurses and registered midwives employed by We Are Care who hold a current NMC PIN.

Section 03

Legal and regulatory framework

  • Nursing and Midwifery Order 2001
  • The Nursing and Midwifery Council (Fitness to Practise) Rules 2004 (as amended)
  • The Code: Professional standards of practice and behaviour for nurses, midwives and nursing associates (NMC)
  • Equality Act 2010 — reasonable adjustments during proceedings

Section 04

Key principles

  • Patient safety first. Where a concern about a registered nurse’s practice raises a risk to service users, that risk takes precedence. We Are Care will act promptly to manage the risk while a process runs.
  • Fair process. Any nurse subject to a referral or NMC process will be treated fairly, kept informed, and supported through the process.
  • Confidentiality. Information about an NMC matter is shared only with those who need to know — typically the signing director, the nurse’s line manager, and any external legal or HR advisor.
  • Independence. We Are Care does not act on behalf of, or as agent for, the NMC. The NMC’s process is independent. Our role is employer support.

Section 05

When a referral may be made

A referral to the NMC may be made where there is a concern about a registered nurse’s:

  • Clinical practice (errors, omissions, scope of practice)
  • Conduct (dishonesty, abuse, breach of professional boundaries)
  • Health (where it materially affects ability to practise safely)
  • Criminal conviction or caution

Referrals can be made by:

  • The nurse themselves (self-referral, e.g. for a health condition affecting practice)
  • We Are Care (where the threshold of “serious enough to raise a question about fitness to practise” is met)
  • A client provider, service user, or member of the public
  • Another body (police, CQC, etc.)

Section 06

We Are Care’s referral process

Where We Are Care identifies a concern that may meet the NMC referral threshold:

  1. Initial fact-finding. The signing director, with support from the relevant line manager, will gather the facts. This is not the formal investigation; it is the assessment of whether a referral is appropriate.
  2. Threshold check. We refer where the concern is serious enough that it raises a question about the nurse’s fitness to practise that the NMC should consider. We do not refer minor or routine performance issues — these are managed through Conduct and Capabilities.
  3. External advice. Before submitting a referral, We Are Care will take external HR or legal advice on the threshold question.
  4. Notification to the nurse. We will tell the nurse before submitting a referral, unless doing so would risk evidence or service-user safety. We will explain the basis of the referral.
  5. Submission. The referral is submitted to the NMC with the supporting evidence.
  6. Internal record. A record of the referral is held in the nurse’s personnel file in line with data protection requirements.

Section 07

Supporting nurses through the NMC process

A nurse going through an NMC fitness-to-practise process — whether self-referred, referred by We Are Care, or referred by a third party — is supported in the following ways:

Practical support

  • Clear communication from the signing director about the process, timelines, and what to expect
  • Reasonable time off to attend hearings, interviews, or panel sessions
  • Where appropriate, redeployment or schedule adjustment during the process (without prejudice to the outcome)
  • Help in identifying external professional representation — typically the Royal College of Nursing (RCN) for RCN members, or a specialist NMC defence solicitor

Wellbeing support

The NMC process can be emotionally significant. We will:

  • Acknowledge the impact and check in regularly
  • Signpost to wellbeing resources including Samaritans, Hub of Hope, and the RCN Counselling Service for RCN members
  • Make reasonable adjustments where the nurse is experiencing health impacts from the process
  • Maintain confidentiality — colleagues who do not need to know will not be told

If interim measures are imposed

The NMC may impose interim conditions of practice or an interim suspension while a case is investigated. If this happens:

  • We Are Care will comply with any conditions imposed
  • Where conditions or suspension prevent normal duties, we will discuss redeployment, leave, or — where required by the conditions and no alternative is workable — suspension from work (on full pay where reasonable)
  • We will not pre-judge the outcome

Section 08

Outcomes and aftermath

Where an NMC process concludes:

  • No case to answer / no impairment — the nurse returns to normal duties; any temporary measures are lifted; the record is closed
  • Conditions of practice imposed — We Are Care will arrange duties that allow the nurse to comply with the conditions, where possible
  • Caution or undertaking — duties continue, with any necessary supervisory arrangements
  • Suspension or strike-off — the nurse cannot practise as a registered nurse; in this case Conduct and Capabilities applies for the employment decision, and the nurse may be supported into a non-registered role at We Are Care if appropriate, or supported through the leaving process

Section 09

Confidentiality and records

NMC matters are held in strict confidence. Information is shared only with the signing director, the line manager, external advisors, and any colleague directly involved in arrangements (e.g. scheduling). Records are held in line with data protection law (UK GDPR, DPA 2018).

Section 10

Whistleblowing protection

Anyone — including the nurse subject to a referral — can raise concerns through the Whistleblowing Policy. We will not retaliate against any person for raising a genuine concern in good faith.

Section 11

Related policies

  • Safeguarding Policy — applies where the NMC concern overlaps with safeguarding
  • Conduct and Capabilities Policy — applies for the employment-side aspects of any outcome
  • Whistleblowing Policy — protects those who raise NMC concerns
  • Equality and Diversity Policy — supports reasonable adjustments during the process

Section 12

Monitoring and review

This is v1 of the policy. It will be reviewed by NMC-registered staff and an external HR / regulatory advisor before any major version. The policy is reviewed monthly by the Baton Care Advisory Council on the first Thursday of each month thereafter, and revised in flight if NMC procedures or relevant legislation change materially.